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200210423
<br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient meant
<br />in pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one
<br />Per<dic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic
<br />Payments if, and to the extent that, each payment can be paid in fir11. To the extent that any excess exists after the payment is
<br />applied to the full payment of one or more Periodic Payments, such excess may he applied to my law charges due. Voluntary
<br />prepayments shall he applied first to any prepayment charges and then as described in the Note.
<br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
<br />shall not extend or ppostpone the due date, or change the amount, of the Periodic Payments.
<br />3. NWnds for Fscrowltems. Borrower shall Ray to Lender on the day Periodic Payments are due under the Note,
<br />until [he Note is paid in full, a sum (the "Funds w provide for payment of amounts due for: (a) taxes and assessments and
<br />other items'which can algin priority over this Security Instrument as a lien or encumbrance on the Properly; (b) leasehold
<br />payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5;
<br />and (d) Mortgage Insurance premiums, it any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
<br />Insurance Dremiums in aoeordance with the provixinns of Section 10. These items are called' Escrow Items." At origination
<br />Dr at any time during the term of[heLomr, Lender may requirethat Community Association Duos, Fees, and Asxessmenls,if
<br />any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
<br />famish to lender all notices ofamounis to be paid under this Section. Borrower shall pay Lender the Funds faEsaiw, Items
<br />unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
<br />obligation to pay to lender Funds for any or all Escrow Items at any time. Any such waiver may only he in writing. In the
<br />event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which
<br />payment of Funds has been waived y Lender and, it Lender requires, shall furnish to lender receipts evidencing such
<br />payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide
<br />receipts shall for all purposes be deemed m be a covenant and agreement contained in this Security instrument, as the phrase
<br />"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,
<br />and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
<br />amount and Borrower shall then be obligated under Section 9 it) repay to Lender any such amount. Lender may revoke the
<br />waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
<br />Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
<br />Lender may, at anytime, collect and hold Funds in an amount (a) sufficient to permit Lender to apppply the Funds' at
<br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require underOPA. Lender
<br />shall estimate the amount of Funds due oo the basis of current data and reasonable estimates ofexpenditures of future Escrow
<br />Items nr otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
<br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Um Bank. Lender shall
<br />apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower
<br />for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender
<br />pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is
<br />made in writing or Applicable law requires interest to be paid on the Funds, Lander shall not be required to pay Borrower
<br />any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
<br />Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
<br />If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borr ower for the
<br />excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender
<br />shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
<br />shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in
<br />escrow, as defined under RESPA, Lender shall notify Burrower as required by RESPA, and Borrower shall pay to lender the
<br />amount necessary to make up die deficiency in accordance with RESPA, but in no more than 12 monthly payments.
<br />Upon payment in full of all sums secured by this Security Instrument, Lender shall promptlyrefimd in Borrower my
<br />Funds held by Lender.
<br />4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
<br />Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,
<br />and Community Association Dues, Fees, and Assessments, ifany. To the extent hat these items are Escrow Items, Borrower
<br />shall pay them in the manner provided in Section 3.
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
<br />agrees in writing to Ilia payment of the obligation secured by the lien in a manner acceptable to iendcr, hul only sir long' as
<br />Borrower is performing such agreement UU contests the Iicn in gad Cailh by, or defends against enforcement of [he lien in,
<br />legal proceedin(,S which in Lender's opinion operate to prevent the enforcement of the lien while those entx:cediogs arc
<br />pending, but only until such proceedings are concluded; or (c) Secures frnot the holder of the lien an agreement satisgaoryto
<br />Lender subordinating the lien to thus Sccunly Instrument. If Lender determines that any part of the YroPerty is subject to a
<br />Ii en which can attain priority over this Secwrty Instrument Lendu mayy n eRomowcrarnrtme identifying elien. Within
<br />10 days of the date on which that nonce is given, Burrower shall suitsty the lien or take one or more . the actions set forth
<br />above in this Section 4.
<br />Lender may require Borrower to pay a one -lime charge for a real estate tax verification and/or reporting service
<br />used by Lender in connection with this Loan.
<br />5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
<br />insured against loss by fire, hazards included within the term "extended coverage," and anyother hazards including, but not
<br />limited to, earthquakes and floods, for which Tender requires insurance. This insurance shall be maintained in the amounts
<br />(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
<br />sentences can change during the term n the Iran. The insurance carrier providing the insurance shall be chosen by
<br />Borrower subject to Lender s right to disapprove Borrower's choice, which right shall not be exercised unreasonably.
<br />Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
<br />determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification
<br />services and subsequent charges each time remappings or similar changes occur which reasonably might affect such
<br />determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal
<br />EmergencyMmagement Agency in connection with the review of any Bad zone determination resulting from an objection
<br />by Borrower
<br />If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
<br />Lender's option and Borrower's expense. lender is under no obligation to purchase any particular type or amount of
<br />coverage, Therefore, such coverage shall rover Lender, but might or might nut protect Borrower, Borrower's equity in the
<br />Property, or the amlcnls of the Property, against any risk, hazard or liability and might provide greater or lesser coverage
<br />than was previously in effect. Borrower acknowledges the, I r , lufthc insurance coverage so obtained mightsigniflcantly
<br />exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender underthis Section 5 shall
<br />become additional deb[ of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rote
<br />from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
<br />payment.
<br />All insurance policies required by Lender and renewals e, such policies shag be subject mo to gee tattler l right n
<br />disapprove such policies, shall include a standard mortgage clause, and shall name Lander as mortgagee and/or as an
<br />shallpromptly payee. Lender shall e receipts the paid premiums miums and renewal al renewal certificates. obtains Bomowce
<br />shall promptly give to lender all receipts of paid premiums and renewal notices. If Borrower obtains anyform of insurance
<br />NEBRASKA Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 Val (sage 3 of80nges)
<br />9954.CV(M2) G11769
<br />GOTO(()002c492)
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